In this issue:
- Patent Reform: It's Alive!
- Nautilus: New Test, Same Application?
- Supreme Court Opens Door to Food and Beverage Label Challenges Under Lanham Act
- Alice Corp. v. CLS Bank: Another Unpatentable Business Method Patent
- Supreme Court Aiding Fight against Patent Trolls: Alice, Nautilus, Limelight, Octane Fitness and Highmark
- IP Buzz – Post Grant Practice Edition
- Announcements And Reminders
- Excerpt from Nautilus: New Test, Same Application?:
In anticipation of Nautilus v. Biosig, many expected that the Supreme Court would relax the Federal Circuit’s so-called insolubly ambiguous test for determining definiteness. Under the Federal Circuit’s test, patents had been notoriously difficult to invalidate as indefinite – even if the patent had ambiguous claims. The Supreme Court in Nautilus ultimately crafted a new definiteness test, which arguably will make it easier to invalidate patents. However, a closer look at the decision and oral argument shows that the Supreme Court’s decision may have only relabeled the test while maintaining the application of the Federal Circuit’s test.
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Topics: Claim Construction, CLS Bank v Alice Corp, Direct Infringement, Highmark v. Allcare, Lanham Act, Limelight v Akamai, Nautilus Inc. v. Biosig Instruments, Octane Fitness v. ICON, Patent Infringement, Patent Litigation, Patent Reform, Patent Trolls, Patent-Eligible Subject Matter, Patents, POM Wonderful, POM Wonderful v Coca Cola, Post-Grant Review, SCOTUS
Published In: Civil Procedure Updates, Communications & Media Updates, Consumer Protection Updates, Intellectual Property Updates, Science, Computers & Technology Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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